Will California’s New Marijuana Laws Erase Prior Convictions?

Many states are beginning to write and implement marijuana legislature. So will California’s new Marijuana laws erase prior convictions? Prop 64 had the initial goal of covering resentencing and there’s some good news.

Resentencing Marijuana Crimes Under Prop 64

To start off with some good news, Prop 64 does incorporate resentencing. The new laws do not cover all Marijuana crimes, however. Any crimes punishment that will not change under the new laws is not subject to resentencing. But that is not as bad as it sounds. The vast majority of marijuana crimes are small and lead to probation or similar sentences.

Will California’s New Marijuana Laws Erase Prior Convictions?

Prop 64 states the law permits “courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the Act”. But which crimes fall under this? The team over at RGB Law Group is doing a great job of organizing things in a way we can all understand. So go check them out if you’re interested in a more detailed outline of which laws are covered.

What Prop 64 now deems legal (Simplified):

Give adults one ounce or less of marijuana.

Give 8 grams or less of concentrated cannabisNote: There is an inconsistency here as the new law set the limit for concentrated cannabis at 4 grams or less.

Possess six or fewer living marijuana plants and possess the marijuana produced by those plants.

Smoke or eat marijuana products.

Possess or give away marijuana accessories to another adult.

What does this mean? If you have a charge for any of the above crimes under state law, you may now approach the court and petition to get your freedom back!

Commit a Larger Crime?

Just as Prop 64 has made an effort to legalize prior illegal acts, it has also reduced a series of laws that are now misdemeanors.

Eligible Convictions:
Before starting it’s important to know a few things. If the person has prior convictions for certain offenses, the offense can be a felony and is still punishable. All below laws are now a misdemeanor and is punished by a maximum of 6 months in county jail or by a small fine of $500. They are also only applicable for individuals 18 years or older.

Possessing more than 28.5 grams of marijuana.

Possessing more than 4 grams of cannabis concentrate.

Possessing more than six marijuana plants.

Possessing any marijuana for sale.

Transporting 28.5 grams of marijuana or more or offering to do so across state lines.

How Will Past Crimes Affect My Record?

After resentencing or total expungement, the court will seal case documents “for all purposes”.

Let’s Clear Things Up

Will California’s new Marijuana laws erase prior convictions? Yes. Many prior convictions have the opportunity to be cleared up under the new laws.